��DT/2009/025

��AT Held or ��DT Pronouncements

��DT found that the applicant could not be recruited from his general service post to the professional level without undergoing the required examination. The ��DT awarded three-months salary as compensation for the distress caused by the Organization.

Decision Contested or Judgment/Order Appealed

The applicant, a G-6 staff member, was selected for a P-3 temporary vacancy after a competitive selection process. When the Office of Human Resources Management was informed of his selection, it amended his contract to include two restrictions to the applicant��s original appointment, rendering him ineligible for the P-3 post. The applicant applied to ��DT to have the restrictions placed on his conditions of service (��appointment strictly limited to this post�� and ��no extension beyond eleven months without OHRM approval and required break-in-service��) to be removed and for an order that the administration implement the decision to appoint him to the P-3 post in question.

Legal Principle(s)

Recruitment from general level to professional level requires competitive examination. Administration cannot unilaterally impose limitations on staff members�� existing contracts. It is a universal obligation of both employee and employer to act in good faith towards each other. Good faith includes acting rationally, fairly, honestly and in accordance with the obligations of due process.

Outcome

Judgment entered for Applicant in full or in part

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the ��DT Statute and Article 11(3) of the ��AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

James

Entity

�� Secretariat

Case Number(s)

��DT/NY/2009/033/JAB/2008/072

Tribunal

��DT

Registry

New York

Date of Judgement